let's develop more stars in education. let's invest in our teachers... ...so they can inspire our students. let's solve this. >>> welcome back. i'm melissa harris-perry in new york. with laryngitis. on wednesday, the supreme court heard arguments in fisher versus the university of texas. that outcome of that case could eradicate the use of affirmative action in the college admissions process as we know it. at the table, kenji yoshino, professor at nyu school of law, the acting president and director and counsel of the naacp legal defense fund and back with us chloe angyal and robert traynham. >>> talk to me about the history of affirmative action. where does it begin and how do we get to where we are today? >> because this case is coming out of texas. the history should begin with sweat v painter. it cleared the way for brown versus board of education. it was in the days where texas stood for exclusion and didn't want african-americans to go to the flagship institution. thorough good won that case and we got brown. in that